498a & dp 3/4

True_Fighter (Querist) 01 October 2014 This query is : Resolved
Hello Experts

Request you to guide me in a particular case.

-Boy & Girl married without consent of elders from both sides.
-Relationship between them comes under prohibited degrees of relationship as per "The Special Marriage Act-1954"
-When elders from both partied came to know about marriage, there was opposition from boys side.
-Girls side ended up filing a 498a & DP 3/4 in AP.
-Boy is out on bail after spending few hours in JC
-Trials stared, PW1 is to be present during next hearing,but girls side is approaching to withdraw the case(498a & DP 3/4) and they have plans for MCD.

As per my understanding
The marriage is not valid in the eyes of law, and there is no question of MCD.

How to proceed with this case.

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ROHIT SHARMA (Expert) 01 October 2014
1. The marriage done under the S.M.Act needs to be annulled on grounds of consanguinity.

2. M.C.D. can be preferred if no alimony is demanded.